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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
APCC Services, Inc., )
Data Net Systems, LLC )
Davel Communications, Inc. )
Jaroth, Inc. dba Pacific Telemanagement )
Services, and )
Intera Communications Corp., )
)
Complainants, )
)
v. ) File No. EB-02-MDIC-025
)
CCI Communications, Inc. )
)
Defendant. )
ORDER
Adopted: May 21, 2003 Released: May 23,
2003
By the Deputy Division Chief, Market Disputes Resolution
Division, Enforcement Bureau:
1. On March 29, 2002, APCC Services, Inc., et al.
(``APCC'' or ``Complainants'') filed an informal complaint
alleging that CCI Communications, Inc., (``CCI'') is
responsible for paying dial around compensation for certain
types of completed calls carried by its network that
originated from APCC's payphones. Pursuant to section 1.718
of the Commission's rules,1 the Complainants are required to
convert their informal complaint into a formal complaint
within six months of the date that the Defendant replies to
the informal complaint, or their informal complaint will be
deemed to be abandoned. In this case, the Complainants were
required to convert the informal complaint into a formal
complaint by May 23, 2003.2
2. Since March 29, 2002, the parties have engaged in
negotiations to resolve the disputes about dial around
compensation issues.3 On May 20, 2003, the parties filed
jointly a Request for Extension of Time to File
Complainants' Formal Complaint in this matter. The parties
seek a waiver of section 1.718 of the Commission's rules,
and, in particular, request an extension of the deadline for
filing a formal complaint from May 23, 2003, to June 6,
2003.4 The Joint Waiver Request explains that the parties
are attempting to resolve this dispute without further
litigation, and that an extension is necessary to continue
negotiations and work toward settling this matter.5
3. We are satisfied that granting the parties' Joint
Waiver Request will serve the public interest by promoting
the private resolution of disputes and by postponing the
need for further litigation and expenditure of further time
and resources of the parties, and of this Commission, until
such time as may actually be necessary.
4. Accordingly, IT IS ORDERED, pursuant to sections
4(i), 4(j), and 208 of the Communications Act of 1934, as
amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections
1.3 and 1.718 of the Commission's rules, 47 C.F.R. §§ 1.3,
1.718, and the authority delegated in sections 0.111 and
0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311,
that the Request for Extension of Time to File Complainants'
Formal Complaint IS GRANTED.
5. IT IS FURTHER ORDERED that, unless otherwise
extended by order, the deadlines that would otherwise apply
under section 1.718 of our rules, 47 C.F.R. § 1.718, are
hereby waived, and the date that APCC Services, Inc., et al.
must convert their informal complaint against CCI to a
formal complaint pursuant to section 1.718 of our rules, 47
C.F.R. § 1.718, is extended to June 6, 2003.
FEDERAL COMMUNICATIONS COMMISSION
Radhika V. Karmarkar
Deputy Chief, Market Disputes
Resolution Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 1.718.
2 APCC Services, Inc., et. al, v. CGI
Communications, Inc., Order, File No. EB-02-MDIC-025, DA 03-
861 (rel. Mar. 25, 2003); See Letter from Gregory D. Kwan,
Attorney for Complainants, and Jeffrey M. Vincent, Attorney
for CCI, to Jonathan Reel, Attorney, Market Disputes
Resolution Division, Enforcement Bureau, FCC, File No. EB-
02-MDIC-025 (May 20, 2003) (``Joint Waiver Request'').
3 Joint Waiver Request at 2.
4 Id. at 1.
5 Id. at 2.